Preconditions for Arrest

Question 1

A peace officer may arrest a person without a warrant when?

Answer 1

(i) Any criminal offense is being committed in the officer’s presence by the person to be arrested;
(ii) The officer has probable cause to believe that a felony has been committed and that the person to be arrested has committed it; or
(iii) The officer has probable cause to believe that a misdemeanor has been committed, that the person to be arrested has committed it and that the person, unless immediately arrested:

(A) Will not be apprehended;

(B) May cause injury to himself or others or damage to property; or

(C) May destroy or conceal evidence of the commission of the misdemeanor.

Question 2

In regards to a warrant, when can a peace officer arrest someone?

Answer 2

• A peace officer may arrest a person when the officer has a warrant
• or the officer has reasonable grounds for believing that a warrant for the person’s arrest has been issued in this state or in another jurisdiction.